Immigration Amendment Act (No 2) 2003

  • repealed
  • Immigration Amendment Act (No 2) 2003: repealed, at 2.00 am on 29 November 2010, pursuant to section 404 of the Immigration Act 2009 (2009 No 51).
12 New section 18B substituted
  • (1) The principal Act is amended by repealing section 18B, and substituting the following section:

    18B Residence Review Board
    • (1) For the purposes of this Act there is a board called the Residence Review Board. The Board is the same body as the Residence Appeal Authority that existed immediately before the commencement of the Immigration Amendment Act (No 2) 2003.

      (2) The function of the Board is to hear appeals brought under section 18C against the refusal of a visa officer or an immigration officer to grant an application for a residence visa or a residence permit.

      (3) The Board consists of such number of members as the Governor-General determines from time to time on the advice of the Minister.

      (4) The members are appointed by the Governor-General on the recommendation of the Minister.

      (5) No immigration officer, and no person who has at any time within the previous 5 years been an immigration officer, may be appointed as a member of the Board.

      (6) For the purposes of any matter within its jurisdiction the Board consists of 1 member.

      (7) The provisions set out in Schedule 3A apply in relation to the Board.

    (2) The principal Act is consequentially amended in the manner indicated in Part 1 of the Schedule of this Act.

    (3) The enactments specified in Part 2 of the Schedule are amended in the manner indicated in that schedule.

    (4) The Residence Review Board is the same body as the Residence Appeal Authority that existed immediately before the commencement of this Act, and—

    • (a) references to the Residence Appeal Authority in any enactment, regulations, instrument, or other document are to be read as references to the Residence Review Board; and

    • (b) references to the Residence Review Board in any enactment, regulations, instrument, or other document include, if appropriate in respect of matters occurring before the commencement of this Act, references to the Residence Appeal Authority; and

    • (c) to avoid doubt,—

      • (i) the persons who, immediately before the date of commencement of this Act, were members of the Residence Appeal Authority continue as members of the Residence Review Board on the same terms and conditions as applied before that date:

      • (ii) the person who, immediately before the commencement of this Act, was chairperson of the Residence Appeal Authority continues as chairperson of the Residence Review Board for the period specified in that person's notice of appointment as chairperson.